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njcourts.gov
… training for facility personnel. (pp. 28-29) 4. The record supports the trial court’s determination that the Hospital established all four of the … The Appellate Division reversed the trial court’s determination. C.A. v. Bentolila, 428 N.J. Super. 115, 122 …
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njcourts.gov
… section two. B. The particulars of the “General Consent” In support of its motion, MEF submits a declaration of Justin … and arguably misleading. II A. MEF’s legal argument in support of its motion MEF argues that “courts routinely find … in Caspi, the court restated the standard for such a determination. “If a forum selection clause is clear in its …
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njcourts.gov
… on information he received from Laisha does not logically support a conclusion that Laisha implicated defendant in the … that his own independent evaluation of the evidence supported his conclusion Feliciano died from a single … because it was called upon to reach an "all-or-nothing" determination on the 27 A-2321-14T4 murder charge. See State …
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njcourts.gov
… Lopez hearing, the Court shall also address whether equity supports deviation from that general rule. See Fox v. … of the matter;” rather, the trial court should limit its determinations to whether a genuine issue for trial exists. … hearing outside of the presence of the jury to make the determination of whether equity should preclude the statute of …
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njcourts.gov
… Olde Monmouth has not made any submissions either in support of or in opposition to Scrips’s motion. 6 Scrips … public interest factors governing a forum non conveniens determination leads to the conclusion that New Jersey is the … “Subject-matter jurisdiction involves the threshold determination as to whether the court is legally authorized to …
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njcourts.gov
… not administrative, discretion; and (3) N.J.S.A. 45:27-27 5 supports preemption since the legislative intent of the … of a "proper application" to the zoning officer to make a determination whether the proposed project complies with the … ordinance grants the zoning officer the power to make a determination to issue a permit and as such, delegates …
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njcourts.gov
… award. This case presents novel issues related to the determination of class action settlement approval pursuant to … nor any other stockholder attended the hearing. Defendants support plaintiff’s motion for approval of the settlement. … class are subject to more exacting scrutiny. The key 23 determination a court must make is whether the information …
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njcourts.gov
… restriction, plaintiffs have argued that the evidence supports a finding that Condit subsequently eliminated the … “[b]are conclusions in the pleadings without factual support in tendered affidavits, will not defeat a … (1949)). 4 The case law reiterates this point—that the determination of whether there is a neighborhood scheme is a …
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njcourts.gov
… questions to be posed verbally to each juror, the determination is left to the court, with input from counsel, … the doctor from defining the term "malingerer" in order to support his testimony that Leila was not a malingerer. It … we afford "[c]onsiderable latitude" to a trial judge's determination, "examining the decision for abuse of …
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njcourts.gov
… Birnbaums cross-appeal from an earlier, November 17, 2014 determination that the condemnation was for a sufficiently … and determine is required for public use, and upon such a determination, the property shall be deemed to be required for … assemblage of parcels for private sector development, supporting programming having to do with public relations …
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njcourts.gov
… photographs, medical records, and testimony—did not support that charge given the severity of the injuries that … is entitled to a charge on all lesser included offenses supported by the evidence '[t]o give full force to the … that option. Accordingly, the record before us does not support defendant's claim that the State failed to turn over …
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njcourts.gov
… the NJCRA and CEPA claims; and he made improper factual determinations in dismissing plaintiff's claim for punitive … is derived from the evidence submitted by the parties in support of, and in opposition to, the summary judgment … claim and plaintiff did not differentiate between the facts supporting the respective claims. The judge explained: …
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njcourts.gov
… as an expert, but as a fact witness providing factual support for Dr. Bonanni's opinion on standard of care. We … defendant maintained it related only to defendant's determination as to whether plaintiff was an appropriate … meant by the term medical clearance provided factual support for defendant's and his expert's understanding of …
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njcourts.gov
… in previous Accutane trials. 7 A-4698-14T1 affirmed that determination in McCarrell I, supra, A-3280-07,8 finding that … at trial, along with their affirmative evidence in support of their case. II We begin with some background as … and II, Sager, Gaghan, and Rossitto. 23 A-4698-14T1 that determination, he reviewed scientific articles, MedWatch …
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njcourts.gov
… is an Affidavit of Merit ("AOM") under N.J.S.A. 2A:53A-27, supporting claims against a licensed professional, due in … reinstate their claims against Pennoni. In that motion and supporting certification of counsel, plaintiffs asserted … and duplication of effort. Ibid. However, in making this determination, the district judge in Szemple also acknowledged …
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njcourts.gov
… obligations were "willful, deliberate, and egregious." To support his conclusion, the judge found the "2181 . . . … In doing so the judge concluded there was no authority to support plaintiffs' position. This appeal followed. On … beyond what is necessary and required for a just determination of the merits of the complaint. See Abtrax …
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njcourts.gov
… that the bulkhead was a dangerous condition is . . . not supported by the weight of the evidence. The judge also … where the verdict is based primarily on credibility determinations. Alves v. Rosenberg, 400 N.J. Super. 553, 566 … 2008) (citation omitted). However, [s]uch credibility determinations . . . may be removed from the jury's purview …
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njcourts.gov
… law enforcement officers, forensic experts, the victim's children, and defendant. The facts established by that … the incident would not come out in the media, causing her children to suffer from people that "don't understand the … sustain' a lesser charge" . . . . Instead, the evidence supporting a lesser-included charge must "jump[] off the …
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njcourts.gov
… The trial judge entered the judgment based upon a jury's determination that defendants were negligent in their care of … on defendants', stating that he would make a final determination on the extent of plaintiff's medical expert's … motion to bar the doctor from testifying, plaintiff filed a supporting certification from her attorney that explained …
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njcourts.gov
… work. After defendant and Nicholas had dinner with their children, defendant went upstairs to bed. Because Nicholas's … the jury on the included offense of death by auto. In support of this argument, defendant relies upon State v. … testified that she had received a "military disability determination." She acknowledged that she could not return to …